How to File a Medical Malpractice Case

If a patient discovers that a foreign object, such as surgical clamps, remains in her body after gall bladder surgery can pursue a medical malpractice suit. A successful lawsuit must establish the elements of medical malpractice: duty, deviation from the norm and direct cause.

Our clients must establish a direct link between the breach of duty and the injury. This is known as proximate cause.

Cause of Injury

A medical malpractice claim may be filed by the person who was injured or an attorney. Depending on the circumstances this may be the spouse of the patient or an adult child, parent, guardian ad-litem or executor or administrator of the estate of the patient who died. In a case of medical malpractice the defendant is the health care provider. It could be a licensed doctor, nurse or therapist.

Malpractice cases usually require a lot of expert testimony. Medical experts are required to be able to testify that the health care provider did what was required of care in their specific field of expertise. They must also testify to the harm resulting from the actions or inactions of a doctor.

Injuries caused by negligence and mistakes can be devastating. A misdiagnosis could have grave consequences, like an illness that could be life-threatening. Other kinds of injuries include performing surgery on the wrong body part or putting instruments inside the patient during surgery.

The patient must prove four legal elements in a malpractice claim which include a duty to the patient by the doctor or a breach of the obligation; an injury resulting by the breach and the resulting damages. In certain states, like New York, the law puts a limit on amount of money that could be awarded in an action for malpractice.

Causation

The injury element is known as the causation. It is one of most important elements in a medical malpractice claim. To establish causation the plaintiff must demonstrate that their injury was caused by the physician's negligence. This can be a difficult task for several reasons.

Many of the injuries that are the basis of a mishawaka medical malpractice attorney negligence lawsuit stem from chronic conditions that existed prior to when treatment started. The time limit for a medical malpractice case can be extended over several years and the development of injuries can happen slowly.

In these instances the proof that a medical professional's violation of the standard of care which led to the injury is a challenge. However, the patient who is afflicted could be able to make use of the evidence collected by the attorney, including medical documents and expert testimony.

During the discovery process, which is part of the legal procedure prepping for trial, your lawyer will seek disclosure of expert testimony as well as other documents from lawyers of the defendants. The doctor defending the lawsuit will be asked to testify during deposition, which is testimony given under the oath. Your lawyer will be able to cross-examine doctor and challenge their conclusions. The jury will decide whether the plaintiff has established the elements of the case, including duty, breach and causation.

Negligence

The plaintiff must convince the jury when bringing a lawsuit for medical malpractice, that it is more likely that the doctor acted in violation of his or her obligations as medical professional and that these actions led to injury. The lawyer representing the plaintiff must demonstrate this with evidence gathered through pretrial discovery, which entails seeking disclosure of documents, which includes medical records from all parties involved in the lawsuit. Depositions, in which statements are made under oath, and recorded for use at trial, are also part of this process.

A doctor violated his or her professional obligations in the event that he or her did something that a reasonably prudent doctor would not do under similar circumstances. However it must be proven that the breach directly caused injury to the patient. This is referred to as causation or proximate cause. For example when a patient is taken to the hospital for a hernia procedure and then has his or her gall bladder removed instead. This is medical negligence because the removal did not benefit the patient.

somerton medical malpractice lawsuit malpractice lawsuits must be filed within a legal period, referred to as the statute of limitations. This is different from state to state. The victim must prove that the care provided was substandard and caused injury, and then he or she must show how much compensation he or she deserves.

Damages

If medical negligence has caused you to suffer injury, you have the right to be made whole. Scaffidi & Associates can help you receive full and fair compensation for your losses.

The first step is filing and serving a summons and complaint to all defendants named in the lawsuit. The parties are involved in discovery. This is a procedure where documents and evidence are presented under oath. During discovery, medical records and notes from a doctor will usually be requested.

In most states, in order to get compensation for injuries caused by negligence, you must to prove four things: a duty of care due to the healthcare provider and a breach of that obligation; a causal connection between the breach and injury and damages resultant from the injury. If your lawyer can prove all of these elements, you have an argument for financial compensation in a medical malpractice claim.

In certain instances, courts can award punitive damages, which are intended to punish the wrongdoer and deter others from committing the same offense. This isn't often however, particularly in kernersville medical malpractice law firm (vimeo.com) malpractice cases. The courts must have a clear evidence of malice before they are able to award these extraordinary damages.